Former President Donald Trump and the Colorado GOP have been unsuccessful in their attempts to dismiss a lawsuit seeking to prevent Trump from appearing on the 2024 presidential ballot in Colorado. The lawsuit is based on the 14th Amendment’s “insurrectionist ban,” which disqualifies officials who have engaged in Insurrection or provided aid to insurrectionists from holding future office. While Trump still has a pending motion to dismiss the case, Judge Sarah Wallace’s recent rulings indicate that the case is likely to proceed to trial later this month.
Judge Wallace rejected many of Trump’s arguments that the case was procedurally flawed and should be dismissed. She emphasized that the crucial question of whether Colorado Secretary of State Jena Griswold has the power to block Trump from the ballot based on the 14th Amendment should be decided at trial. The judge also dismissed the Colorado GOP’s argument that the party has the ultimate say in candidate selection, stating that the Constitution’s eligibility requirements are not suggestions to be determined solely by political parties.
Furthermore, Judge Wallace cited a 2012 opinion from Supreme Court Justice Neil Gorsuch, then an appeals judge, which upheld states’ authority to exclude candidates who are constitutionally prohibited from assuming office. Trump has already lost a previous attempt to dismiss the case on free-speech grounds. However, the legal hurdles ahead are substantial, and any decision to disqualify Trump from the ballot is likely to be appealed, potentially reaching the Supreme Court.
